Legal Opinion

Lester Gene Brown v. Cedar Rapids and Iowa City Railway Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided June 11, 1981No. 80-1209PublishedCited by 33 opinions

1Opinion of the Court

McMILLIAN, Circuit Judge.

Cedar Rapids and Iowa City Railway Co. (the Railroad) appeals from a verdict and $92,500 judgment 1 for Lester Gene Brown (Brown) in his action brought pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60.

The facts of the accident are not in dispute. Brown is a brakeman employed by the Railroad. On April 10, 1975, he was riding on the side of a moving boxcar, relaying signals from the conductor to the engineer. He was hit in the head by a metal derail switching stand located less than eight feet (8') from the center line of the adjacent track.…

2Cases cited22 opinions

  1. Urie v. ThompsonSupreme Court of the United States · 1949
  2. Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
  3. Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978
  4. Davis v. Marathon Oil Co.Illinois Supreme Court · 1976
  5. Boston and Maine Railroad v. Isabelle C. Talbert, AdministratrixCourt of Appeals for the First Circuit · 1966

17 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Board of Water Works Trustees of the City of Des Moines, Iowa v. Alvord, Burdick & Howson and Dorr-Oliver, IncorporatedCourt of Appeals for the Eighth Circuit · 1983
  2. Considine v. City of WaterburySupreme Court of Connecticut · 2006
  3. Frederick W. Tyrrell v. Norfolk Southern Railway CompanyCourt of Appeals for the Sixth Circuit · 2001
  4. Byron L. Smith and Opal Smith v. The Firestone Tire & Rubber Company and the Budd CompanyCourt of Appeals for the Eighth Circuit · 1985
  5. Janine G. Chohlis v. Cessna Aircraft CompanyCourt of Appeals for the Eighth Circuit · 1985

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API